Compensation for moral damage resulting from the liability of the professional contractor (Comparative Study)

10.2478/bjlp-2022-007059

Abstract

The issue of compensation in the responsibility of the professional contractor, one of the topics that have not received its luck  from study and analysis,  especially in its relationship to the rules of ethics of free professions on the one hand, and in the link to the status of the subject of responsibility within the legal system on the other hand, which is the millstone around which the conflict revolves for the litigants and determine their legal positions in all contemporary legal systems, and since a long time, civil liability occupied a large share of studies in the light of the texts of man-made laws,  With the development of societies and their progress in all fields and fields, especially industry, trade and services, led to the emergence of what was called "free professions" along with public jobs, which contributed to the emergence and spread of obligations not arranged by law, or that he arranged them in general, and for this the provisions of the general civil laws were not sufficient to determine the legal responsibility of the professions, and the judiciary has expanded its mission, so its role is no longer limited to the interpretation and application of legal texts,   But beyond that, and in front of these facts, the Iraqi judiciary is almost creative for legal provisions for compensation for moral damage, for the professional debtor in light of the contractual relationship despite the lack of organization of the Iraqi Civil Law, because the legal base is characterized by a degree of stability, aimed at maintaining the stability of the legal system, either professions are in progress amazingly, and this is what makes it difficult to link the legal base and the permanent development of these professions, The judiciary is always facing contractual disputes that require harmonization between the reality of the contractual liability system and the development of contractual relations on professions, and in front of the lack of harmonization of the traditional rules of civil liability of the professional contractor to the tremendous development in the field of most professions on the other hand, all of this led to an imbalance between the parties, which led to the need to search for ways to restore balance to the parties to the relationship and provide the necessary protection for the weak non-professional contractor.